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CONTENTS
What this module is about
An IP audit - keeping track of your IP
The importance of conducting an IP audit
Start with a preliminary audit
Checklist: identifying your IP
When to do an IP audit
How far the audit should go
Scope of due diligence
Scrutinising IP rights in computer software
Questions for your adviser
Summary of key concepts
Proforma Asset Register
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Conducting an IP Audit

Scrutinising IP rights in computer software

Activities undertaken during the audit include:

  • Reviewing contracts with employees and independent contractors to determine if IP rights in all developed software are actually vested with the target;
  • Reviewing licence agreements in respect of proprietary software of third parties to determine if all licences are legally effective, current, and permit the use of the software which the target had made;
  • Preparing questionnaires, including some addressed to the internal legal counsel of the target, with a view to establishing that the target has not assigned ownership of computer software IP to any third parties; and
  • Interviews with the Chief Information Officer and the legal counsel of the target, to clarify any uncertainties.

 

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